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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: DAVID THORNSBERRY, Protestor.
Protest Decision 2005 ESD 14
Issued: October 11, 2005
OES Case No. P-05-015-092905-MW

On October 7, 2005, we issued our decision in 2005 ESD 13, granting the protest in part and ordering a remedy.

On October 10, 2005, Robert M. Colone filed two appeals of our decision with the Election Appeals Master, one for the Zuckerman-Bolton slate and the second for Local Union 89. Each appeal requested that we stay our decision pending the decision of the Election Appeals Master.

Later on October 10, 2005, Mr. Colone notified us by email message that he was withdrawing his requests for stay while continuing with each appeal. Accordingly, we deem the requests for stay WITHDRAWN.

Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Supervisor in any such appeal. Requests for a hearing shall be made in writing, shall specify the basis for the appeal and shall be served upon:

Kenneth Conboy
Election Appeals Master
Latham & Watkins
Suite 1000
885 Third Avenue
New York, New York 10022
Fax: (212) 751-4864

Copies of the request for hearing must be served upon the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1725 K Street, N.W., Suite 1400, Washington, D.C. 20007-5135, all within the time prescribed above. A copy of the protest must accompany the request for hearing.

Richard W. Mark
Election Supervisor

cc: Kenneth Conboy
2005 ESD 14

DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):

Patrick J. Szymanski
General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, D.C. 20001
pszymanski@teamster.org 

Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
braymond@fwslaw.com 

David J. Hoffa, Esq.
Hoffa 2006
30300 Northwestern Highway, Suite 324
Farmington Hills, MI 48834
David@hoffapllc.com 

Barbara Harvey
645 Griswold Street
Suite 3060
Detroit, MI 48226
barbaraharvey@comcast.net 

Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210
ken@tdu.org 

David Thornsberry
785 Kingswood Drive
Taylorsville, KY 40071
davidthorny@msn.com 

Fred Zuckerman, President
Teamsters Local Union 89
3813 Taylor Blvd.
Louisville, KY 40215
fzuckerman@teamsters89.com 

Kevin Evans, Vice-President
Teamsters Local Union 89
3813 Taylor Blvd.
Louisville, KY 40215
kevans@teamsters89.com 

Robert Colone
Teamsters Local Union 89
3813 Taylor Blvd.
Louisville, KY 40215
rmcolone@teamsters89.com 

Ann Curry Thompson
Kelman Loria, PLLC
660 Woodward Avenue, Suite 2300
Detroit, MI 48226
acthom@kelmanloria.com 

United Rank & File Slate
P.O. Box 991175
Louisville, KY 40269-1175
Rankandfile2005@msn.com 

Joe F. Childers
201 West Short Street, Suite 310
Lexington, KY 40507
childerslaw@yahoo.com